Winton & Deming State Bank v. Harris
Missouri Court of Appeals
Appeal' from the Gentry Circuit Court. — Hon. C. H. S. G-oodman, Judge. (1) Tlie court erred in allowing defendant to testify as to the amount of law business done by him in the state of Kansas. If admissible at all it should have been shown by the books of Harris & McCartney.
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Appeal' from the Gentry Circuit Court. — Hon. C. H. S. G-oodman, Judge. (1) Tlie court erred in allowing defendant to testify as to the amount of law business done by him in the state of Kansas. If admissible at all it should have been shown by the books of Harris & McCartney. The . giving by the court, of its own motion, the instruction which is as follows was error: “The court instructs the jury that, under the pleadings in this cáse, it makes no difference whether the services were rendered by defendant or by himself and former partner, McCartney ; if they were rendered by either, the…
1Opinion of the CourtEllison, J.
— Plaintiff sued defendant on a promissory note, he being surety for two others who were not sued. Judgment was given for defendant and plaintiff appeals. The controversy here is mainly over the pleadings. Defendant’s answer pleaded a set-off exceeding plaintiff’s demand, alleged to be due him as an attorney’s fees. The reply was a general denial. There was evidence on plaintiff’s part tending to show that the services for which arose the fee were rendered by defendant and one McCartney, who was his partner at the time the services were rendered. The trial court by its instruction refused to…
2Cases cited5 opinions
- Kersey v. GartonSupreme Court of Missouri · 1883
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Musser v. AdlerSupreme Court of Missouri · 1885
- Russell v. GlasserSupreme Court of Missouri · 1887
- Reynolds v. ReynoldsMissouri Court of Appeals · 1891
3Cited by3 opinions
- Henderson v. DavisMissouri Court of Appeals · 1898
- Cook v. SmithMissouri Court of Appeals · 1918
- Waldron v. MersealMissouri Court of Appeals · 1912